RIAZ AHMAD, J.- The appellants Shahbaz Ahmad Son of Ata Muhammad and Ehsan Ullah son of Ahmad Khan both residents of village Dharowal, within the jurisdiction of Police Station Kunjah, District Gurjrat were tried by the Judge, Special Court for Speedy Trials at Gujranwala on a charge under sections 397\394 P.P.C, for having committed robbery while armed with deadly weapons in the house of Muhammad Ali, PW.
2. Vide judgment dated 18.10.1988, the appellants were found guilty and each of them was convicted and sentenced to undergo rigorous imprisonment for life and to pay a i.e of Rs.10,000\- or in default thereof to suffer rigorous imprisonment for a term of one year.
3. Aggrieved by their conviction, the appellants have preferred appeal bearing No.l045\88 which shall be disposed of through this judgment.
4. The prosecution case in brief is that Muhammad Ali, PW, lived in his house along with his daughter-in-law (wife of his son) Raza Begum and her two children in village Dharowal. On the fateful night of 22nd of March, 1988, PW Muhammad Ali and his daughter-in-law along with her two children were sleeping in their house when at about 9 p.m. Both the appellants forcibly entered their room; Shahbaz Ahmad appellant was armed with a Chhuri while Ehsan Ullah appellant was holding an air gun is his had. After entering the room, Shahbaz caught hold of Muhammad Ali and Ehsan Ullah tied his hands and feet with the string of the cot. Shahbaz then awoke Raza Begum and asked her to had over ornaments and cash otherwise her children would be killed., thus, under that fear, she gave two golden rings weighing about four Masha each to Shahbaz Ahmad. Ehsan Ullah also demanded the cash and jewellery which she refused and then he inflicted Butt blows of his air gun on her chest while Shahbaz attempted to inflict Chhuri blow but she warded OF the blow by raising her left had and thus, she was injured. Both Muhammad Ali and Raza Begum raised hue and cry whereupon Zafar Ahmad, PW Ghulam Rasool, PW along with Siddique (not produced) reached the spot, they apprehended both the appellants and confined them in a room and locked the door from outside. Muhammad Ali also received abrasions and brusies and he was untied and he left for the police station to lodge report when, on his way, he came across Hasan Akhtar, S.I., PW 5 in village Jassoki and thus his statement Ex.PA, was recorded at about 10 p.m. Which was sent to the police station for registration of a case. Formal FIR Ex.PA\l was drawn by AS1 Muhammad Ashraf. At the time of arrest, air gun P.2 was taken into possession from appellant Ehsan Ullah vide memeo Ex.PC. Parna P.6 which was bloodstained was also taken into possession form Ehsan Ullah vide recovery memo Ex.P.G. From appellant Shahbaz 2 golden rings P.3\l-2 were recovered and the same were taken into possession vide memo Ex.P.D. Blood-stained Parna P.5 was also taken into possession from Shahbaz vide recovery memo Ex.P.F. A bloodstained Khais P.4 was also taken into possession vide memo Ex.P.E. This Khais was lying on the cot of Muhammad Ali. Blood-stained string P.7 was also taken into possession vide memo Ex.P.F. Chhuri, P.I was also taken into possession vide memo Ex.P.B. All these memos were attested by Zafar Ahmad, PW2, Ghulam Rasool, PW 4 and Siddique (given up) besides the Sub-Inspector Akhtar Hasan. The Sub-Inspector also prepared injury statements of Muhammad Ali and Raza Begum Ex.P.O. And Ex.P.P. Respectively. Both the appellants were also injured and their injury statements Ex.P.Q. And Ex.P.R were also prepared and they were sent to the hospital.
5. It may be stated here that Raza Begum died, a day before the commencement of trial. On the next day of the occurrence at 9 a.m. She was medically examined and an incised wound, six abrasions and four bruises were found on her person. Muhammad Ali PW was also examined and three abrasions and two bruises were noticed on his body. Appellant Shahbaz was also examined, he had two contused swelling, one abrasion and four bruises. Appellant Ehsan Ullah was also examined, he had three bruises, a swelling and a contused swelling on his person.
6. To prove its case at the trial, the prosecution placed reliance upon the statements of Muhammad Ali, PW 1, Zafar Ahmad, PW 2 and Gulam Rasool, PW 4.
7. When examined under section 342 Cr.P.C, the appellants denied the charge and made the following statement:- "They are innocent and are students. They are residents of village Dharowal by birth. Shahbaz accused produced school leaving certificate Ex.D.C. While Ehsan Ullah accused has produced his birth certificate Ex.DA and roll number slip Ex.DD of his appearance in middle school examination.
Both of them have stated that Muhammad Ali and other PWs are related inter se and they belong to their brotherhood. Zafarullah, Gulam Rasool and Muhammad Siddique, PWs used to view TV while sitting the house of Muhammad Ali and Raza Begum and there they sued to keep unlicensed arms with them, It was also stated that fathers of both the accused made a complaint to the police against Muhammad Ali and other PWs that they were keeping unlicensed illicit arms with them so they became inimical towards the accused persons and while forcibly catching hold of them put them in the room and called the police and involved them in this false case by planting false recoveries."
8. Both the appellants also entered the witness box and made their statements recorded under section 340(2) Cr.P.C. In fact, they repeated their statements recorded under section 342 Cr.P.C.
9. With the assistance of the learned counsel for the appellants and the State, we have carefully perused the entire evidence on the record and we have also heard the various contentions raised by both sides.
The learned counsel for the appellants has argued that the case is false. The appellants are students, they have been falsely roped in. We have examined this plea but we are not impressed with the same. The statements of three eyewitnesses are consistent and their credibility could not be shaken. Further more, all the witnesses had no axe of their own to grind. There is no enmity worth the name brought on the record so as to cast doubt upon their testimony.
The learned counsel for the appellants then drew our attention to some discrepancies, particularly, with regard to the point of entry of the appellants in the house through the main gate or by scaling over the wall. We have examined this discrepancy as well but in our view, it is not material so as to demolish the prosecution case. The appellants were caught red handed, they were locked in the room when the police came and arrested them from the spot. The police had no ill will or motive so as to involve the appellants falsely in this case. Muhammad Ali, first informant is not related to the two eye-witnesses, they were Mohallah Dars and were the natural witnesses who were attracted to the house of the complainant after hearing hue and cry. It was also argued that the appellants did not use the deadly weapon and, therefore, the offence does not fall within the purview of section 397 Cr.P.C. The contention is devoid of force because Chhuri PI was recovered. Raza Begum had received injuries with Chhuri, her medicolegal report has been brought on the record. It is thus evident that the appellant Shahbaz Ahmad did not cause the injuries with Chhuri.
10. The circumstances clearly show that after making forcible entry by putting the inmates of the house under the fear of death or grievous hurt, the robbery was committed. In this view of the matter and particularly when the FIR was also promptly lodged, we are convinced that the prosecution has brought guilt home to the appellants. Hence this appeal fails and is hereby dismissed.
11. Adverting to the question of sentence, we are of the view that the award of life imprisonment is severe in the circumstances of the case and, therefore, we reduce it to eight years. Hence we direct that the appellants shall suffer rigorous imprisonment for a term of eight years instead of life imprisonment. The sentence of i.e is, however, maintained.